There are circumstances under which people convicted of crimes can request a genetic marker analysis. It is imperative that you understand when and why you may wish to request a genetic marker analysis be performed, as it may be possible for a conviction to be overturned or a new trial authorized based on genetic evidence. When there is a possible chance for overturning a conviction and clearing your name, you cannot afford any mistakes.
Issues surrounding DNA collection are highly complex and highly controversial, so you should be certain to get proper legal advice from an attorney experienced in handling issues related to the collection of biological evidence. Nicholas Wooldridge understands the Nevada rules and we will work hard to try to help ensure DNA evidence which can clear you is properly obtained and utilized. Give us a call as soon as possible to speak with a Las Vegas defense lawyer who can assist you with DNA collection issues.
Nevada Revised Statute section 176.0918 sets forth the rules regarding when a petition for genetic marker testing can be filed by a defendant who has been convicted of a felony. According to the relevant statute, a petition can be filed with the clerk of the district court and notice must be provided to the Attorney General and district attorney in the county where the defendant had been convicted of an offense.
When a defendant files a petition requesting a genetic marker analysis, the petition has to be accompanied by a declaration attesting that there are no misrepresentations within the petition. The declaration also must attest that there is a good faith reason, which is based on facts, to request the genetic marker analysis. The declarations have to be made under penalty of perjury.
The defendant has to identify specific evidence believed to be in the state’s custody upon which a genetic marker analysis can be performed. The defendant also has to provide the rationale for why they believe that no prosecution would have occurred because of the exculpatory evidence which could be obtained through the genetic marker analysis.
The court has to consider this petition and make a decision on whether to grant or dismiss it. N.R.S. 176.09183 explains the grounds for granting or dismissing a petition. According to the relevant statute, the court should order a genetic marker analysis if it believes that there is a reasonable probability no prosecution would have occurred or no conviction would have resulted if a genetic marker analysis was conducted on the evidence contained in the petition. The evidence must, of course, actually exist and it generally must not have been subject to genetic marker analysis in the past, except in limited exceptions such as when the previous analysis had inconclusive results.
If a genetic marker analysis is ordered by the court, it must be ordered promptly under reasonable conditions in a forensic lab the court selects. The state can appeal an order for a genetic marker analysis.
As a prime Las Vegas criminal justice law firm, we know there have been many circumstances under which a conviction was overturned after it is discovered that DNA testing clears the defendant. It is important to determine if your case is one of those situations where you could potentially be cleared by DNA.
An experienced Las Vegas defense lawyer at LV Criminal Defense can provide you with help assessing whether a genetic market analysis can help you. Our legal team can also assist you with going through the process of requesting an analysis and of responding if an analysis comes back favorably to you.
To learn more about all of the ways in which we assist you with issues related to genetic testing and scientific evidence, give us a call today.